Writ petition seeking reconsideration of a rejected claim for compassionate appointment following the father's death in harness in 2016. Following the Supreme Court's ruling in Debabrata Tiwari on delay in compassionate appointment claims, the court held the petitioner disentitled and dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010008372024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/395/2024
JUSHNA DEURI D/O- LATE NIRONSING DEURI VILL- SANKARPUR, P.O.- MADHUPUR B.O., P.S.- NARAYANPUR, DIST. NORTH LAKHIMPUR, ASSAM, PIN- 784165.
VERSUS
THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, GENERAL ADMINISTRATION (B) DEPARTMENT, DISPUR, GUWAHATI-6.
2:THE DISTRICT COMMISSIONER LAKHIMPUR PIN- 787001.
3:THE EXECUTIVE ENGINEER DHAKUAKHANA DIVISION (IRRIGATION) DHAKUAKHANA LAKHIMPUR
PIN- 784164
Advocate for the Petitioner : MR. A BORO
Advocate for the Respondent : GA, ASSAM
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BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 15-07-2024
Heard Mr. S. Biswas, learned counsel for the petitioner as well as Ms. A. Talukdar, learned Govt. Advocate for the respondent nos.1 and 2 and Mr. N. Upadhyay, learned standing counsel for the respondent no.3.
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“7.4. As noted above, the sine qua non for entertaining a claim for compassionate appointment is that the family of the deceased employee would be unable to make two ends meet without one of the dependants of the deceased employee being employed on compassionate grounds. The financial condition of the family of the deceased, at the time of the death of the deceased, is the primary consideration that ought to guide the authorities’ decision in the matter.
7.5. Considering the second question referred to above, in the first instance, regarding whether applications for compassionate appointment could be considered
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after a delay of several years, we are of the view that, in a case where, for reasons of prolonged delay, either on the part of the applicant in claiming compassionate appointment or the authorities in deciding such claim, the sense of immediacy is diluted and lost. Further, the financial circumstances of the family of the deceased, may have changed, for the better, since the time of the death of the government employee. In such circumstances, Courts or other relevant authorities are to be guided by the fact that for such prolonged period of delay, the family of the deceased was able to sustain themselves, most probably by availing gainful employment from some other source. Granting compassionate appointment in such a case, as noted by this Court in Hakim Singh would amount to treating a claim for compassionate appointment as though it were a matter of inheritance based on a line of succession which is contrary to the Constitution. Since compassionate appointment is not a vested right and the same is relative to the financial condition and hardship faced by the dependents of the deceased government employee as a consequence of his death, a claim for compassionate appointment may not be entertained after lapse of a considerable period of time since the death of the government employee.”
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JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner was entitled to consideration for compassionate appointment despite delay in submitting her application after her father died in harness in 2016.
Colour shows how this judgement treated each authority
Rintu Kakati v. State of Assam and ors.Doubted
WP(C) 4486/2022
State of West Bengal v. Debabrata TiwariFollowed¶9
(2023) 0 Supreme SC 191
2 provisions across 2 enactments
Jushna Deuri
The State of Assam represented by the Commissioner and Secretary to the Govt. of Assam, General Administration (B) Department
The District Commissioner, Lakhimpur
The Executive Engineer, Dhakuakhana Division (Irrigation), Dhakuakhana, Lakhimpur
Kalyan Rai Surana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
